What is the difference between a felony and a misdemeanor in criminal defense law?
Misdemeanors and felonies are two very different types of criminal offenses in North Carolina. Misdemeanors are less serious offenses and usually result in less jail time than felonies. A misdemeanor conviction may carry a sentence of up to one year in jail and fines of up to $2,500, while a felony conviction may carry a sentence of more than one year in prison and fines up to $10,000. In addition to the difference in potential punishments, the way criminal defense law handles each offense type is different. For misdemeanors, the accused often has the right to a trial by jury. If the accused is found guilty, the judge then decides the sentence. For felonies, there is a procedure called the "grand jury." A grand jury hears evidence from the prosecution and then decides whether or not to indict the accused on the charges presented. If the grand jury finds sufficient evidence, the accused will go to a trial in which the jury will decide if the accused is guilty or not guilty. Another difference between felonies and misdemeanors in North Carolina criminal defense law is that felonies are more likely to require a mandatory minimum sentence. This means that the judge is required to give a sentence that is at least as long as what is prescribed by law. Misdemeanors usually do not require mandatory minimum sentences. Overall, felonies and misdemeanors are different types of criminal offenses in North Carolina with different legal procedures and potential punishments.
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